Ajay Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57859 of 2024 Arising Out of PS. Case No.-397 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== AJAY KUMAR SAH S/O RAMVALI SAH Resident of Village- Narkatiya, P.S- Sonbarsa, District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-10-2024 Heard the parties.

2. The petitioner seeks bail in connection with Sonbarsa P.S. Case No. 397 of 2022 registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

3. The petitioner is named in the F.I.R.

and is in custody since 01.03.2024.

4. The allegation against the petitioner is to commit murder of his wife i.e., daughter of the informant after 15 years of marriage alongwith other co-accused persons/family members, where occurrence is alleged to be

2/4 arises out of matrimonial dispute/differences.

5. Learned counsel appearing on behalf of the petitioner submitted that the independent witnesses during the course of investigation supported the fact that the wife of petitioner committed suicide. Admittedly, the marriage of deceased was solemnized with petitioner before 15 years of the occurrence and there is no allegation regarding any demand of dowry. It is submitted that being a short-tempered lady, wife of the petitioner committed suicide, when the petitioner did not agreed with his deceased wife as not to sell a piece of land. It is submitted that informant is not an eye witness of the occurrence and moreover, investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. It is also submitted that even nothing surfaced during the course of investigation which may suggest

3/4 that act of petitioner was of such nature which forced daughter of the informant to commit suicide without leaving no other option.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid facts and circumstances and by taking note of fact as different witnesses supported the occurrence as suicide during investigation, coupled with fact that charge-sheet has already been submitted where petitioner is in custody since 01.03.2024, accordingly petitioner above named, is directed to be released on bail in connection with Sonbarsa P.S. Case No. 397 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sitamarhi /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

4/4 (Chandra Shekhar Jha, J) Sudha/- U T